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Home My WebLink About9/16/2015 - STAFF REPORTS - 2.H. ;OF?ALM SA9 iy V N Cq��FOR��P CITY COUNCIL STAFF REPORT DATE: September 16, 2015 CONSENT AGENDA SUBJECT: REQUEST BY DEAD OR ALIVE LLC ON BEHALF OF FELIPE CASTANEDA FOR A RESOLUTION OF PUBLIC CONVIENENCE OR NECESSITY (PCN) TO SELL BEER AND WINE (TYPE 42 ALCOHOLIC BEVERAGE CONTROL LICENSE) AT A PROPOSED BEER AND WINE LOUNGE LOCATED AT 150 EAST PALM CANYON DRIVE (CASE 5.1381 PCN). FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will consider a request to adopt a Resolution of Public Convenience or Necessity (PCN) for the sale of beer and wine (Alcoholic Beverage Control Type 42 license) at a proposed beer and wine lounge located at 150 East Palm Canyon Drive. RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE (TYPE 42 STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR THE PROPERTY LOCATED AT 150 EAST PALM CANYON DRIVE, WITHIN CENSUS TRACT #0448.05." BACKGROUND: Related Relevant City Actions b Planning,Fire, Building, etc... -July 19, 1955 Py-ilding permit issued for construction of building. Sept. 9, 2015 Planning Commission approved a Conditional Use Permit to operate the proposed lounge. Most Recent OwnershiplBusiness Aug. 1999 Felipe Castaneda purchased property. Il"EM NO. �� p A L M S,0 iy V N A < CITY COUNCIL STAFF REPORT DATE: September 16, 2015 CONSENT AGENDA SUBJECT: REQUEST BY DEAD OR ALIVE LLC ON BEHALF OF FELIPE CASTANEDA FOR A RESOLUTION OF PUBLIC CONVEENENCE OR NECESSITY (PCN) TO SELL BEER AND WINE (TYPE 42 ALCOHOLIC BEVERAGE CONTROL LICENSE) AT A PROPOSED BEER AND WINE LOUNGE LOCATED AT 150 EAST PALM CANYON DRIVE (CASE 5.1381 PCN). FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will consider a request to adopt a Resolution of Public Convenience or Necessity (PCN) for the sale of beer and wine (Alcoholic Beverage Control Type 42 license) at a proposed beer and wine lounge located at 150 East Palm Canyon Drive. RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE (TYPE 42 STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR THE PROPERTY LOCATED AT 150 EAST PALM CANYON DRIVE, WITHIN CENSUS TRACT#0448.05." BACKGROUND: Related Relevant City Actions by Planning, Fire, Building, etc... July 19, 1955 Building permit issued for construction of building. Sept. 9, 2015 Planning Commission approved a Conditional Use Permit to operate the proposed lounge. Most Recent OwnershipMusiness Aug. 1999 Felipe Castaneda purchased property. ITEM NO. 1 City Council Staff Report September 16, 2015—Page 2 Case No. 5.1381 PCN—Dead or Alive LLC Field Check Aug. 2015 Staff has visited the site to observe existing conditions. DETAILS OF APPLICATION REQUEST: Site Area Lot Area -2,548-s uare feet Building Area —1,690-square feet building --980-s uare feet tenants ace Surrounding Existing Land Existing General Plan Existing Zoning Property Use Designation Designation Subject Property Commercial TRC (Tourist Resort C-1 (Retail Business) Commercial North Restaurant TRC C-1 South Liquor Store TRC C-1 East Single-family TRC R-3 (Multi-family Residential Residential and Hotel West Medical Office NCC (Neighborhood / PD-131 Community Commercial all . Imo`• j SUBJECT SITE City Council Staff Report September 16, 2015—Page 3 Case No. 5.1381 PCN— Dead or Alive LLC PROJECT DESCRIPTION: The applicant is requesting approval of a Resolution of Convenience or Necessity (PCN) to operate a beer and wine lounge called "Dead or Alive". The lounge will occupy approximately 890-square feet of an existing single-story, two-unit commercial building. The total number of seats will be 16 indoor and 3 outdoor. Hours of operation will be from 5:00 PM to 2:00 AM daily. General Plan Elem'ehE Re` nest , ^` �> �Cd tf liahae' Land Use: Tourist Resort Commercial (0.35 FAR for stand-alone The proposed request is to commercial uses; 43 hotel rooms per net acre; 86 rooms per operate a lounge within an Yes net acre on Indian Land). This land use designation provides existing commercial building for large-scale resort hotels and timeshares including a broad that serves residents and range of convenience, fitness, spa, retail, and entertainment tourists, uses principally serving resort clientele. Commercial recreation and entertainment facilities, such as convention centers, museums, indoor and outdoor theatres, and water parks are included in this designation, but should be designed to be compatible with neighboring development. Tourist Resort Commercial facilities are most appropriate in the Palm Canyon Drive and Tahquitz Canyon Drive corridors. It is intended that the primary use in any Tourist Resort Commercial area shall be hotel/tourist-related uses... Zoning Permitted Uses: The subject property is zoned C-1 (Business Retail). Pursuant to Section 92.12.01(D)(9) of the Palm Springs Zoning Code (PSZC), cocktail lounges are permitted with the approval of a Conditional Use Permit(CUP). Since the proposed use is similar to a cocktail lounge serving alcoholic beverages, it is permitted under this designation when approved by CUP. Off-street Parking: There are three off-street parking spaces at the rear of the site and one on-street parking space in front along Palm Canyon Drive. Pursuant to Section 92.06.00(D)(5) of the PSZC, cocktail lounges are required to accommodate one parking space per thirty-five square feet of gross floor area where the public is served or one parking space for every three seats. The floor plan shows at total of sixteen seats inside and three seats outside. Based on this number of seats, a total of 6 parking spaces would be required for this tenant space. 03 City Council Staff Report September 16, 2015 —Page 4 Case No. 5.1381 PCN—Dead or Alive LLC In order to proceed with the business at this location, the applicant has submitted a Land Use Permit to waive the additional parking requirements, pursuant to following applicable Section of the Zoning Code: 94.02.01(C)(2)(f) A change of use for an existing commercial/retail building on property with frontage on Palm Canyon Drive (including East Palm Canyon Drive and South Palm Canyon Drive) or Indian Canyon Drive, will be eligible for a waiver of all or a portion of additional parking that would otherwise be required for such change of use so long as: i. The property is not within a Planned Development District; ii. The property is not more than three acres in total area; iii. The existing building is less than 20,000 square feet;and iv. The property is not within 0"downtown parking combining zone; and V. The building existed prior to October 3, 2014, The property is not located within a Planned Development District or the "Y downtown parking combining zone, and is less than three acres in size at approximately 2,500-square feet. The existing building was built in 1955 and is less than 20,000-square feet in size at roughly 1,690-overall square feet. Thus, the project meets the criteria necessary to waive the additional parking requirements and the LUP may be approved. Safety and Security: Staff requested comments and recommendations on the proposal from the Fire and Police Departments. The Fire Department provided recommended conditions of approval. The Police Department (PD) recommended the applicant meet with PD staff at the site to ensure safety measures can be accommodated. Conditions are included in the draft resolution to ensure the operation is compliant with PD requirements. ANALYSIS: The applicant has applied for a "Type 42" license through the State of California Department of Alcoholic Beverage Control (ABC) for the proposed alcohol sales. The ABC summarizes the "Type 42" license as follows: ON SALE BEER & WINE — PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer and wine for consumption on or off the - premises where sold. No distilled spirits may be on the premises. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not required. The proposed liquor license is located within a Census tract that exceeds the amount of on-sale licenses normally permitted; this is known as an "undue concentration" and is specifically defined by Section 23958.4 of the Business and Professions Code: As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant 04 City Council Staff Report September 16, 2015—Page 5 Case No. 5.1381 PCN— Dead or Alive LLC premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. The subject property is located within Census Tract #0448.05, which is bounded by South Sunrise Way to the east, East Palm Canyon Drive to the south, South Palm Canyon Drive to the west and East Mesquite Avenue to the north (see attached census map). This tract currently has nine (9) active on-sale liquor licenses. One license is authorized for the tract based on its population. The ABC can only issue the proposed liquor license if the Council determines that the public convenience or necessity would be served. The property is located within the Retail Business Zone and currently is a vacant storefront. The new lounge will provide an entertainment outlet for nearby tourist and residents within the immediate area. A list of all liquor licenses within this tract is attached to this report. Since the property is located in the Retail Business Zone and along the Palm Canyon commercial corridor, staff believes that the proposed use will not be inconsistent with the desired mix of commercial uses in this Census tract and will serve the public convenience. Furthermore, the Planning Commission approved the proposed Conditional Use Permit for a cocktail lounge at their September 9, 2015 meeting. FISCAL IMPACT: No fiscal impact. Flinn Fagg, AICP Marcus Fuller, P.E., M.P.A., P.L.S. Director of Planning Services Assistant City Manager/City Engineer David H. Ready, Esq City Manager Attachments: 1 . Vicinity Map 2. Draft Resolution 3. Letter of Request from Applicant 4. Site Plan / Floor Plan 5. List of Authorized License Types in the Subject Census Tract 6. Census Tract Map 7. Planning Commission Staff Report, 09/09/2015 05 N {OF PPLM dp4,y - Department of Planning Services .,�.,.e Vicinity Map C'P[IFORN�P y C1 R2 SONORA RD R1C FRlC R1CC1 R3 !R2 R3 AVENIDA PALMERA ERIC O Q c PD a Ix C1 R3 ]R2 O G O y° p R1 C W 2 m 4K AVENIDAMORAGA J � _ a R2 R3 R3 R2 C1 ER2 AVENDA ORTEGA PD ER3 R2 C1 Legend WPALM CANYON DR E PALM CANYON DR Site r1 500ft Site Radius CL. Zoning ELCAM1N0WAY R3 Parcel Imes RI C CITY OF PALM SPRINGS 08 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE (TYPE 42 STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR THE PROPERTY LOCATED AT 150 EAST PALM CANYON DRIVE, WITHIN CENSUS TRACT #0448.05. WHEREAS, Dead or Alive LLC ("Applicant') has requested the adoption of a Resolution of Public Convenience or Necessity (Planning Case No. 5.1381 PCN) for a Type 42 alcohol license to sell beer and wine at a proposed beer and wine lounge located at 150 East Palm Canyon Drive, Zone C-1, Section 23/T4/R4; and WHEREAS, on September 9, 2015, the Planning Commission approved a Conditional Use Permit for Case 5.1381 CUP with associated Conditions of Approval to operate a beer and wine lounge at 150 East Palm Canyon Drive; and WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a license to sell beer and wine: license type 42 (On-sale Beer and Wine — Public Premises); and WHEREAS, pursuant to Section 23958.4(b)(2) of the California Business and Professions Code, the applicant has requested that the City Council determine the public convenience or necessity would be served if the requested license is issued; and WHEREAS, the City Council carefully reviewed and considered all of the evidence presented in connection with the request for a Resolution of Public Convenience or Necessity, including but not limited to the staff report and all written and oral testimony. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 . The location of the proposed business, within Census Tract #0448.05, is within the Central Retail Business zone and will provide a service to tourists and residents of the City. The proposed use will not be inconsistent with the desired mix of commercial uses in this Census tract SECTION 2. The City Council finds that an ABC Type 42 liquor license (On-sale Beer and Wine — Public Premises) at 150 East Palm Canyon Drive, serves the Public Convenience. 07 Resolution No. Page 2 ADOPTED THIS 16th DAY OF SEPTEMBER, 2015. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 08 August 31, 2015 City of Palm Springs Department of Planning Services 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: Dead or Alive Bar, LLC, Pending Liquor License#42-560222 To Whom It May Concern: This letter is a request for the City of Palm Springs to grant Dead or Alive Bar, LLC a finding that the Public Convenience or Necessity would be served by the issuance of a type 42 (Beer and Wine) liquor license. The bar will be a fun, low-key local place that serves beer and wine. We will be open 365 days a year, 5pm-2am daily. Outside of Downtown, there aren't many places to enjoy a glass of wine or beer that isn't a hotel bar or a restaurant setting. The concept is simple: people want a relaxing, inviting, design-driven place to choose a drink from a delicious menu of beers and wines. They want to talk with their friends and not worry what "night" it is. We will rotate the beer and wine offerings frequently so regular customers will enjoy diversity from the usual menu, while beer and wine aficionados will recognize value and quality. South Palm Springs is full of new, exciting energy. Recent investments in large restaurants, hotel renovations, and transportation like the Buzz trolley make South Palm Springs ripe for a little bar all its own. We'll serve the dozens of hotels, vacation rentals, and residents within walking distance. Additionally, there are several home and condo projects under construction in the area, which will be well served by a local bar. We are easily accessibly by the BUZZ stop directly across the street, and the patio will double as a bike rack. The bar will be a nice addition to the mix of places giving new life to South Palm Springs. The bar was conceived, designed, and will be run by locals. Anthony Cioffi and I were both born and raised in Palm Springs and have deep ties in the community. We want to continue the tradition of running small businesses in Palm Springs, starting with my great-grandfather Santos de Jesus who ran a successful catering business in the 50's- 70 s, to the present day with Anthony's father Jim Cioffi who has been an architect in Palm Springs for over 40 years. The bar will be a unique, quaint neighborhood environment that serves small batch wine and craft beer. We'll serve both demographics: locals, and the tourist market — particularly the hotel properties in the reinvigorated South/East Palm Canyon Corridor. If you have any questions please don't hesitate to contact me. I can be reached at 323- 572-5702. Thank you for your time and consideration. Si erely, , Christine Soto9 Managing Member, Dead or Alive, LLC r s RECEIVED JUN 2 3 2015 PLANNING SERVICES DEPARTMENT i i i --------------------------- AVENIDA MORAGA n ; n „]. �.� .� u u � El Mlrnsol co go Site Plan 7- ye�om RECEIVED N AUG 2 5 Z015 n PLANNING SERVICES �� ✓� \ DEPARTMENT Z� i� PATIO �Z 160 E. Palm Canyon Dr. id Ruvv Trnilov I inn Dead or All" Patio Detam lbo Flasi Palm Canyon Ur. Palm Springs CA=64 I I EYrEtn�un a a[N11 F]�YYpll yyf ' mnsw 1 ' I I! PL I ass PL n• ig ur RECEIVED r- AUG 2 5 2015 N PLANNING SERVICES 150 E.Palm Canyon Dr. Easl Elavatlon 1 �J I I I i RECEIVED JUN 2 3 Z015 w PLANNING SERVICES DEPARTMENT 3W=1' r � i t u m 3 m 0 J a 5 p 0 0 L ILI s RECEIVED JUN 2 3 2015 ti PLANNING SERVICES s DEPARTMENT California ABC -License Query System-Data Portal http://w .abc.ca.gov/datport/AHCountyRep.asp California Department of Alcoholic Beverage Control For the County of RIVERSIDE- (On-Sale Licenses) and Census Tract= 448.05 Report as of 9/8/2015 License License Orig.Iss. Expir Primary Owner and Mailing Geo Number Status Type Date Date Premises Addr. Business Name f Address Code 1) 87577 CTNE 47 10f2fi11993 I30/2015 ASTANEDA,FELIPE EL MIRASOL REGIONAL 331D 130-140 E PALM CUISINES OF MEXICO ANYON DR PALM SPRINGS,CA 2264 ensus Tract:0448.05 7D508 CTNE 41 12/512008 11l3012015 8 F DONNELL NC ELMERS PALM SPRINGS 5310 1030E PALM CANYON DR PALM SPRINGS,CA 2264-9169 ensus Tract:0448.05 3) S034 3 CTNE 47 11/5/2010 1013112015 PEAK HOSPITALITY INC LLA ROYALE INN 6 EUROPA 3310 25:34 PM 1620S INDIAN TRL RESTAURANT PALM SPRINGS,CA 2264-8842 ensus Tract:0448.05 53� CTNE 41 3ELT HOLDINGS INC PEA.HUT 20 PORTER DR,STE 3310 1:29:16 PM 1180 S PALM CANYON 100 DR AN RAMON,CA PALM SPRINGS,CA 94583-9206 2264 ensus Tract:0448.05 5) 535453ACTIVE 47 I'I911712013 8/31/2015 NEW YORK COMPANY, NEWYORK COMPANY THE 1BRISTOL CT 3310 �3:47:59 PM INC THE RANCHO MIRAGE,CA 1260 S PALM CANYON 92270-1628 DR PALM SPRINGS,CA 2264-8336 ensus Tract:0448.05 537150 UREND 47 12/23/2613 1113012015 ESTAURANT PC EAST [BER NIES LOUNGE AND 3310 3:58:53 PM LC SUPPER CLUB 92 E PALM CANYON DR ALM SPRINGS,CA 2264-8824 ensus Tract:0448.05 543630 SUREND 70 10/1412014 9/30/2015 3TEVE HERMANN HORIZON HOTEL THE 1482 E VALLEY RD,STE 3310 :47:34 PM HOTELS,LLC 775 1050 E PALM CANYON MONTECITO,CA DR 93108-1200 PALMSPRINGS,CA 2264-9169 ensus Tract:0448.05 8) 45667 CTNE 42 10/212014 913012015 NO VACANCY TONIGHT, SPARROWS HOTEL 3310 :25:14 PM LLC 1330 E PALM CANNON DR PALM SPRINGS,CA 2264-9132 1 1 of 2 8/12/2015 California ABC-License Query System-Data Portal http://www.abc.ca.gov/datport/AHCountyRep.asp Census Tract:0448.05 47203 ACTIVE 47 l21/2015 7/31/2016 STEVE HERMANN HORIZON HOTEL THE 1482 E VALLEY RD, 3310 �1:49:39 PM HOTELS,LLC #775 1050 E PALM CANYON SANTA BARBARA,CA DR 3108-1200 PALM SPRINGS,CA 2264-9169 Census Tract:0448.05 10) 51091 CTNE 7,111112015 1213 121 0 5151 MISTER LYONS LLC MISTER LYONS 22 N PALM CANYON 3310 35:29 PM 33 E PALM CANYON DR DR PALM SPRINGS,CA PALM SPRINGS,CA 2264-8823 92262-5523 en sus Tract:0448.05 - - -End of Report- - - For a definition of codes, view our -glossary. 17 2 of 2 8/12/2015 Census Tract 0448.05 E San Lorenm Rd i ESan LorenM Rd v U ' W Mesquite Ave _f,7qlMlpAwe r_ • _ n_ o E Pad Vcrde Ave E Palo Verde Ave [Cade,Or N v q V � N CU N EOcoUoA,a E OcotilloAve A� EJcoel:o A;e Us SV Morongo Rd E Morongo Rd C Msrongo Rd N n ] N �</B QC E Sonora Rd E Sonora Rd O .OS N o M rc � E Av erida Polmera m $ a u N � � EDeep••.dRd N N a' LL E Satan Ln a1m Ymu^•r 0 Camino Rea} — W BelardoR �, m 73 N N n S O A'Palm CarryorD F MII C2 1,011 0 BaVble,P � o � e E Twn Palms Ur E Ten Palms Dr E Twin Palms Dr o Smoke Tree W iy y a V N Cq�fFORa�p• PLANNING COMMISSION STAFF REPORT DATE: September 9, 2015 PUBLIC HEARING SUBJECT: DEAD OR ALIVE, LLC FOR A CONDITIONAL USE PERMIT TO ALLOW A BEER AND WINE LOUNGE OF APPROXIMATELY 980-SQUARE FEET IN SIZE WITHIN AN EXISTING MULTI-TENANT BUILDING LOCATED AT 150 EAST PALM CANYON DRIVE, ZONE C-1 (CASE 5.1381 CUP). (DN) FROM: Department of Planning Services SUMMARY The Planning Commission will review a request by Dead or Alive, LLC on behalf of Felipe Castaneda for a Conditional Use Permit (CUP) to operate a beer and wine lounge of approximately 980-square feet in size within an existing two-unit commercial building located at 150 E. Palm Canyon Drive. RECOMMENDATION: Approve, subject to conditions. BACKGROUND INFORMATION: Related Relevant City Actions b Planning, Fire, Building, etc... July 19, 1955 1 Building permit issued for construction of building. Most Recent Ownership/Business Aug. 1999 Felipe Castaneda purchased property. Field Check Aug. 2015 Staff has visited the site to observe existing conditions. • 19 Planning Commission Staff Reporl September 9, 2015—Page 2 5.1381 CUP—Dead or Alive DETAILS OF APPLICATION REQUEST: Site Area Lot Area --2 548-square feet Building Area —1 690-square feet building —980-s uare feet tenants ace Surrounding Existing Land Existing General Plan Existing Zoning Pro a Use Designation Designation Subject Property Commercial TRC (Tourist Resort C-1 (Retail Business) Commercial North Restaurant TRC C-1 South Liquor Store TRC C-1 East Single-family TRC R-3 (Multi-family Residential Residential and Hotel West Medical Office NCC (Neighborhood / _Pb-131 Community Commercial lest d e 1j SUBJECT SITE Planning Commission Stan Report September 9,2015—Page 3 5.1381 CUP—Dead or Alive PROJECT DESCRIPTION: The applicant is requesting approval of a Conditional Use Permit (CUP) to operate a beer and wine lounge called "Dead or Alive". The lounge will occupy approximately 890-square feet of an existing single-story, two-unit commercial building. The total number of seats will be 16 indoor and 3 outdoor. Hours of operation will be from 5:00 PM to 2:00 AM daily. PROJECT ANALYSIS: General Plan Element . _ . s. Re u't=rst ' Com lance:' Land Use: Tourist Resort Commercial(0.35 FAR for stand-alone The proposed request is to commercial uses; 43 hotel rooms per net acre; 86 rooms per operate a lounge within an Yes net acre on Indian Land).This land use designation provides existing commercial building for large-scale resort hotels and timeshares including a broad that serves residents and range of convenience,fitness, spa, retail,and entertainment tourists. i uses principally serving resort clientele.Commercial recreation and entertainment facilities,such as convention centers, museums, indoor and outdoor theatres, and water parks are included in this designation, but should be designed i to be compatible with neighboring development. Tourist Resort Commercial facilities are most appropriate in the Palm Canyon Drive and Tahquitz Canyon Drive corridors. It is intended that the primary use in any Tourist Resort Commercial area shall be hotelltoudst-related uses,.. Zoning Permitted Uses: The subject property is zoned C-1 (Business Retail). Pursuant to Section 92.12.01(D)(9)of the Palm Springs Zoning Code(PSZC), cocktail lounges are permitted with the approval of a Conditional Use Permit(CUP). Since the proposed use is similar to a cocktail lounge serving alcoholic beverages, it is permitted under this designation when approved by CUP. Off-street Parking: i There are three off-street parking spaces at the rear of the site and one on-street parking space in front along Palm Canyon Drive. Pursuant to Section 92.06.00(D)(5)of the PSZC,cocktail lounges are required to accommodate one parking space per thirty-five square feet of gross floor area where the public is served or one parking space for every three seats. The floor plan shows at total of sixteen seats inside and three seats outside. 21 Planning Commission Staff Report September 9.2015—Page 4 5.1381 CUP—Dead or A ive Based on this number of seats, a total of 6 parking spaces would be required for this tenant space. In order to proceed with the business at this location,the applicant has submitted a Land Use Permit to waive the additional parking requirements,pursuant to following applicable Section of the Zoning Code: 94.02.01(C)(2)(f) A change of use for an existing commerciaNretail building on property with frontage on Palm Canyon Drive{including East Palm Canyon Drive and South Palm Canyon Drive)or Indian Canyon Drive, will be eligible for a waiver of all or a portion of additional parking that would otherwise be required for such change of use so long as: I. The property is not within a Planned Development District; ii. The property is not more than three acres in total area; iii. The existing building is less than 20,000 square feet,and iv. The property is not within "D"downtown parking combining zone; and v The building existed prior to October 3, 2014. The property is not located within a Planned Development District or the"D"downtown parking combining zone, and is less than three acres in size at approximately 2,500 square feet. The existing building was built in 1955 and is less than 20,000-square feet in size at roughly 1,690-overall square feet. Thus, the project meets the criteria necessary to waive the additional parking requirements and the LUP may be approved. Safety and Security: Staff requested comments and recommendations on the proposal from the Fire and Police Departments. The Fire Department provided recommended conditions of approval. The Police Department (PD) recommended the applicant meet with PD staff at the site to ensure safety measures can be accommodated. Conditions are included in the draft resolution to ensure the operation is compliant with PD requirements. REQUIRED FINDINGS: The Planning Commission must make certain findings in order to approve this Conditional Use Permit pursuant to Section 94.02.00 of the Palm Springs Zoning Code; those findings are analyzed by staff below: a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. Section 92.12.01(D)(9) of the Palm Springs Zoning Code permits a cocktail lounge in the C-1 zone when approved under a Conditional Use Permit. b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements of objectives of the 22 Planning Commission Staff Report September 9,2015—Page 5 5.1381 CUP—Dead or Nrve general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The use will provide a lounge space within a Retail Business Zone of Palm Springs. The proposed use is desirable for the development of the community as it adds tourist economy of the City and will be located along a commercial corridor. A lounge at the proposed location is not anticipated to be detrimental to existing uses or future uses specifically permitted in the C-1 zone. c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The proposed use is within a commercial building with parking located on site at the rear of the property and street parking at the front. The business will operate a lounge environment of approximately 980-square feet in size and no additional square footage is necessary to accommodate the proposed use. Therefore, the site is adequate in size and shape to accommodate the proposed use. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The project site is located adjacent to East Palm Canyon Drive, which is designated as a Major Thoroughfare in the General Plan Circulation Element, and is improved with four vehicle lanes. Public transit is also available on Palm Canyon Drive. The lounge is approximately 980-square feet in size and any traffic generated by the proposed use will be insignificant to the streets and highways. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. The proposal is to operate a cocktail lounge in an existing building. Conditions of Approval have been included in the attached Exhibit A to ensure that the use operates in a manner which protects the public health, safety and general welfare. These conditions include compliance with the City's noise ordinance and other necessary requirements. CONCLUSION: The project is consistent with the land use policies of the General Plan and Zoning Code. Staff is able to recommend findings necessary for approval of the proposed use. 23 Manning Commission Staff Report September 9,2015—Page 6 5.1361 CUP—Dead or Alva On that basis, staff is recommending approval of the proposal. ENVIRONMENTAL: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project has been determined to be categorically exempt from further environmental review pursuant to Section 15301(a) (Existing Facilities). NOTIFICATION: A public hearing notice was published in the local newspaper and mailed to all property owners and registered occupants within a 500-foot radius of the subject property. As of the writing of this report, staff has not received any public correspondence. _a f David A. Newell Flinn Fagg, AI - Associate Planner Director of Planning Services ments: 1. ' ity map 2. Dra lution 3. Applicant f'ication letter 4. Plan exhibits 24